Common use of ORDERS AND SPECIFICATIONS Clause in Contracts

ORDERS AND SPECIFICATIONS. 2.1 All orders by the Buyer to purchase based on the Seller’s quotation and specifications are subject to the final acceptance by the Seller and all terms herein are incorporated. 2.2 When no particular technical specifications are given by the Buyer and the order is accepted by the Seller, the specifications of the products sold shall be those set out in the Seller’s quotation. 2.3 If the products are to be manufactured or any process is to be applied to the products by the Seller in accordance with the Buyer’s specifications, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller’s use of the Buyer’s specifications. 2.4 Any claim by the Buyer regarding the conformity of products supplied, according to the Buyer’s specifications shall, in order to be admitted and to allow the application of the following provisions, be carried out in accordance with the instructions given by the Seller contained in documents accompanying the products supplied or within 30 days after the delivery date (whichever is the earlier). 2.5 If the Buyer estimates, after testing the products delivered, that a batch of products delivered is not totally or partially in conformity with technical specifications as defined in Clause 2.2, he shall inform the Seller by facsimile not later than 30 days after the delivery date. After such 30 days period is expired, all products shall be deemed accepted; except with the agreement of the Seller, the Buyer shall not return the whole or partial batch of non-accepted products. 2.6 Notwithstanding any past dealings of any nature whatsoever between the Seller and the Buyer, the Seller does not at any time bind itself to deliver products of any particular specification unless the Buyer has at the time of placing an order, stated precisely what specifications are required of the products, and the Seller has subsequently confirmed in writing that it will supply products with such specifications. In the absence of such confirmation, the Seller binds itself only to deliver products in accordance with the general description under which they were agreed to be sold. 2.7 Notwithstanding any past dealings of any nature whatsoever between the Seller and the Buyer, the Seller reserves the right to alter, change, modify or in any way vary the specifications of any products at any time, so as to conform materially with the description of the products set out in an order, without giving the Buyer any prior notice of the same. 2.8 No warranty, representation or conditional description, as to the state, quality, suitability or fitness of any products is given by the Seller nor is any warranty, representation or conditional description given or be implied by anything said or written in any negotiations between the Seller and the Buyer or their respective representatives, whether from any past dealings between the Seller and the Buyer or otherwise, and any statutory or other warranty, condition, representation or description express or implied as to the state, quality, suitability or fitness of the products is hereby excluded. The Seller binds itself only to deliver products in accordance with the general description under which they were agreed to be sold. 2.9 The Seller may from time to time make changes in the specifications of the products, which are required to comply with any applicable safety or statutory requirements, or so long as such changes do not materially affect the quality or fitness for purpose of the products.

Appears in 2 contracts

Samples: Terms of Sale, Terms of Sale

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ORDERS AND SPECIFICATIONS. 2.1 All orders 3.1 The Goods are described in the Buyer’s Order overleaf. 3.2 EQUISPORT HORSEBOXES LTD reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements. 3.3 No order submitted by the Buyer shall be deemed to purchase based on be accepted by the Seller unless and until confirmed in writing by the Seller’s quotation and specifications are subject authorised representative signing the order form. 3.4 The Buyer shall be responsible to the final acceptance Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller and all terms herein are incorporatedany necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms. 2.2 When no particular technical specifications are given by the Buyer 3.5 The quantity, quality and the order is accepted by the Seller, the specifications description of the products sold Goods and any specification for them shall be those as set out in the Seller’s quotation' s quotation (if accepted by the Buyer) or the Buyer' s order (if accepted by the Seller). 2.3 3.6 If the products Goods are to be manufactured or any process is to be applied to the products by the Seller in accordance with the Buyer’s specifications, the Buyer shall indemnify the Seller against all loss, damagesdamage, costs and expenses awarded against or incurred by the Seller in connection with with, or paid or agreed to be paid by the Seller in settlement of, any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from in the Seller’s use of the Buyer’s specificationsspecification. 2.4 Any claim by the Buyer regarding the conformity of products supplied, according to the Buyer’s specifications shall, in order to be admitted and to allow the application of the following provisions, be carried out in accordance with the instructions given by the Seller contained in documents accompanying the products supplied or within 30 days after the delivery date (whichever is the earlier). 2.5 If the Buyer estimates, after testing the products delivered, that a batch of products delivered is not totally or partially in conformity with technical specifications as defined in Clause 2.2, he shall inform the Seller by facsimile not later than 30 days after the delivery date. After such 30 days period is expired, all products shall be deemed accepted; except with the agreement of the Seller, the Buyer shall not return the whole or partial batch of non-accepted products. 2.6 Notwithstanding any past dealings of any nature whatsoever between the Seller and the Buyer, the Seller does not at any time bind itself to deliver products of any particular specification unless the Buyer has at the time of placing an order, stated precisely what specifications are required of the products, and the Seller has subsequently confirmed in writing that it will supply products with such specifications. In the absence of such confirmation, the Seller binds itself only to deliver products in accordance with the general description under which they were agreed to be sold. 2.7 Notwithstanding any past dealings of any nature whatsoever between the Seller and the Buyer, the 3.7 The Seller reserves the right to alter, change, modify or in make any way vary the specifications of any products at any time, so as to conform materially with the description of the products set out in an order, without giving the Buyer any prior notice of the same. 2.8 No warranty, representation or conditional description, as to the state, quality, suitability or fitness of any products is given by the Seller nor is any warranty, representation or conditional description given or be implied by anything said or written in any negotiations between the Seller and the Buyer or their respective representatives, whether from any past dealings between the Seller and the Buyer or otherwise, and any statutory or other warranty, condition, representation or description express or implied as to the state, quality, suitability or fitness of the products is hereby excluded. The Seller binds itself only to deliver products in accordance with the general description under which they were agreed to be sold. 2.9 The Seller may from time to time make changes in the specifications specification of the products, Goods which are required to comply conform with any applicable safety statutory or statutory requirementsE.U. requirements or, or so long as such changes where the Goods are to be supplied to the Seller' s specification, which do not materially affect the their quality or fitness for purpose performance. 3.8 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the productsSeller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.

Appears in 2 contracts

Samples: Terms and Conditions of Sale, Terms and Conditions of Sale

ORDERS AND SPECIFICATIONS. 2.1 4.1 All orders Goods supplied by the Seller shall be in accordance with: 4.1.1 the current edition of the relevant Published Specifications as published from time to time by the Manufacturer (copies of which are available from the Seller upon request) and; 4.1.2 those further specifications or descriptions (if any) expressly listed or set out on the face of the Order. No other specification, descriptive material, written or oral presentation, correspondence or statement, promotional or sales literature shall form part of or be incorporated by reference into the Order. 4.2 No Order submitted by the Buyer shall be deemed to purchase based on the Seller’s quotation and specifications are subject to the final acceptance be accepted by the Seller unless and all terms herein are incorporated. 2.2 When no particular technical specifications are given by the Buyer and the order is accepted until confirmed in Writing by the Seller, 's authorised representative. 4.3 The Buyer shall be responsible to the specifications Seller for ensuring the accuracy of the products sold terms of any Order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods and/or Services to enable the Seller to perform the Contract in accordance with its terms. 4.4 The quantity and description of and any specification for the Goods and/or Services shall be those set out in the Seller’s quotation. 2.3 If the products are to be manufactured or any process is to be applied to the products 's quotation (if accepted by the Seller in accordance with Buyer) or the Buyer’s specifications, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred 's Order (if accepted by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller’s use of the Buyer’s specifications. 2.4 Any claim by the Buyer regarding the conformity of products supplied, according to the Buyer’s specifications shall, in order to be admitted and to allow the application of the following provisions, be carried out in accordance with the instructions given by the Seller contained in documents accompanying the products supplied or within 30 days after the delivery date (whichever is the earlier). 2.5 If the Buyer estimates, after testing the products delivered, that a batch of products delivered is not totally or partially in conformity with technical specifications as defined in Clause 2.2, he shall inform the Seller by facsimile not later than 30 days after the delivery date. After such 30 days period is expired, all products shall be deemed accepted; except with the agreement of the Seller, the Buyer shall not return the whole or partial batch of non-accepted products. 2.6 Notwithstanding any past dealings of any nature whatsoever between the Seller and the Buyer, the Seller does not at any time bind itself to deliver products of any particular specification unless the Buyer has at the time of placing an order, stated precisely what specifications are required of the products, and the Seller has subsequently confirmed in writing that it will supply products with such specifications. In the absence of such confirmation, the Seller binds itself only to deliver products in accordance with the general description under which they were agreed to be sold. 2.7 Notwithstanding any past dealings of any nature whatsoever between the Seller and the Buyer, the 4.5 The Seller reserves the right to alter, change, modify or make any changes in any way vary the specifications specification of any products at any time, so as the Goods which are required to conform with any applicable safety or other statutory requirements or, where the Goods are to be supplied to the Seller's specification, which do not materially with the description of the products set out in an order, without giving the Buyer any prior notice of the sameaffect their quality or performance. 2.8 No warranty4.6 All intellectual property rights of whatever nature in all the Sellers drawings, representation or conditional description, as to the state, quality, suitability or fitness of any products is given by the Seller nor is any warranty, representation or conditional description given or be implied by anything said or written specifications and documents at all times remains vested in any negotiations between the Seller and the Buyer or their respective representatives, whether from any past dealings shall not use the same without the Seller's express consent in writing except in respect for the specific use for which they were supplied. 4.7 No Goods Order that has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller. If the Seller agrees to cancel an order the following fee will be payable by the Buyer calculated according to the schedule number of days remaining between the Seller receiving written notice of cancellation and the Buyer or otherwise, and any statutory or other warranty, condition, representation or description express or implied as to the state, quality, suitability or fitness of the products is hereby excluded. The Seller binds itself only to deliver products in accordance with the general description under which they were agreed to be solddelivery date. 2.9 The Seller may from time to time make changes in the specifications of the products, which are required to comply with any applicable safety or statutory requirements, or so long as such changes do not materially affect the quality or fitness for purpose of the products.4.7.1 more than 60 days - no charge;

Appears in 1 contract

Samples: Terms and Conditions

ORDERS AND SPECIFICATIONS. 2.1 All orders 3.1 No order submitted by the Buyer Purchaser shall be deemed to purchase based on the Seller’s quotation and specifications are subject to the final acceptance by the Seller and all terms herein are incorporated. 2.2 When no particular technical specifications are given by the Buyer and the order is be accepted by the Seller, Supplier unless and until confirmed in writing by the specifications Supplier's authorized representative. 3.2 The Purchaser shall be responsible to the Supplier for ensuring the accuracy of the products sold terms of any order (including any applicable specification) submitted by the Purchaser and for giving the Supplier any necessary information relating to the Goods and/or Services within a sufficient time to enable the Supplier to perform the Contract in accordance with its terms. 3.3 The quantity, quality and description of the Goods and/or the description of the Services shall be those set out in the Seller’s quotationSupplier's quotation (if accepted by the Purchaser) or the Purchaser's order (if accepted by the Supplier) or as otherwise agreed if accepted in writing by the Supplier. 2.3 3.4 If the products are to be manufactured or any process is to be applied to the products Goods or in the performance of the Services by the Seller Supplier in accordance with a specification submitted by the Buyer’s specificationsPurchaser, the Buyer Purchaser shall indemnify the Seller Supplier against all loss, damages, costs and expenses awarded against or incurred by the Seller Supplier in connection with or paid or agreed to be paid by the Seller Supplier in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller’s Supplier's use of the Buyer’s specificationsPurchaser's specification(s). If any allegation of infringement is made by a third party, the Supplier is not obliged to enquire into the merits of the allegation but is entitled to terminate the Contract and claim compensation for all loss (including loss of profit,) costs (including the cost of all labor and materials used), damages, charges and expenses incurred by the Supplier. 2.4 Any claim 3.5 The Supplier reserves the right to make any changes in the specification of the Goods or Services which are required to conform with any applicable laws, whether international, federal, state, local or city, and/or statutory or regulatory requirements including, but not limited to, those of where the Goods or Services are to be supplied per the Supplier's specification which do not materially affect their quality or performance. In the event such modification does affect their quality or performance Supplier may provide Purchaser with a reasonable substitution to the extent available. 3.6 No Contract including, but not limited to, the Goods associated with such Contract, may be modified or cancelled by the Buyer regarding the conformity of products supplied, according to the Buyer’s specifications shall, in order to be admitted and to allow the application of the following provisions, be carried out in accordance with the instructions given by the Seller contained in documents accompanying the products supplied or within 30 days after the delivery date (whichever is the earlier). 2.5 If the Buyer estimates, after testing the products delivered, that a batch of products delivered is not totally or partially in conformity with technical specifications as defined in Clause 2.2, he shall inform the Seller by facsimile not later than 30 days after the delivery date. After such 30 days period is expired, all products shall be deemed accepted; Purchaser except with the agreement in writing of the SellerSupplier and on terms that the Purchaser shall indemnify the Supplier in full against all loss (including loss of profit) costs (including the cost of all labor and materials used) damages, charges and expenses incurred by the Buyer shall not return Supplier as a result of the whole modification or partial batch of non-accepted productscancellation. 2.6 Notwithstanding any past dealings of any nature whatsoever between the Seller and the Buyer, the Seller does not at any time bind itself to deliver products of any particular specification unless the Buyer has at the time of placing an order, stated precisely what specifications are required of the products, and the Seller has subsequently confirmed 3.7 Unless agreed in writing that it will supply products with such specifications. In by the absence of such confirmationSupplier all drawings, designs, specifications and particulars submitted by the Seller binds itself Supplier are approximate and only to deliver products in accordance with for information purposes so the general description under which they were agreed to be sold. 2.7 Notwithstanding any past dealings of any nature whatsoever between Purchaser cannot rely on the Seller and the Buyer, the Seller reserves the right to alter, change, modify or in any way vary the specifications of any products at any time, so as to conform materially with the description of the products set out in an order, without giving the Buyer any prior notice accuracy of the same. 2.8 No warranty3.8 All intellectual property rights, representation or conditional description, as and without prejudice to the stategenerality of the foregoing, qualityincluding, suitability but not limited to, copyright, patents, trademarks and know-how whether registered or fitness not, related to the specifications, drawings or Goods and/or Services remain the absolute property of any products is given by the Seller nor is any warranty, representation or conditional description given or be implied by anything said or written in any negotiations between the Seller Supplier and the Buyer or their respective representatives, whether from Supplier’s ownership shall not be affected by any past dealings between the Seller and the Buyer or otherwise, and contribution and/or payment by Purchaser towards any statutory or other warranty, condition, representation or description express or implied as to the state, quality, suitability or fitness of the products is hereby excluded. The Seller binds itself only to deliver products in accordance with the general description under which they were agreed to be soldassociated costs. 2.9 The Seller may from time to time make changes in the specifications of the products, which are required to comply with any applicable safety or statutory requirements, or so long as such changes do not materially affect the quality or fitness for purpose of the products.

Appears in 1 contract

Samples: General Terms and Conditions of Sale

ORDERS AND SPECIFICATIONS. 2.1 All orders 4.1 No order submitted by the Buyer shall be deemed to purchase based on be accepted by the Seller unless and until confirmed in writing by the Seller’s quotation and specifications are subject to the final acceptance by the Seller and all terms herein are incorporatedauthorised representative. 2.2 When no particular technical specifications are given by 4.2 The specification for the Buyer and the order is accepted by the Seller, the specifications of the products sold Goods shall be those that set out in the Seller’s quotationsales documentation unless varied expressly in the Buyer’s order (if such variation(s) is/are accepted by the Seller). The Goods will only be supplied in the minimum units thereof stated in the Seller’s price list or in multiples of those units. Orders received for quantities other than these will be adjusted accordingly. 2.3 If the products are to be manufactured 4.3 Illustrations, photographs or any process is to be applied to the products descriptions whether in catalogues, brochures, price lists or other documents issued by the Seller in accordance with the Buyer’s specifications, the Buyer are intended as a guide only and shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to not be paid by the Seller in settlement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from binding on the Seller’s use of the Buyer’s specifications. 2.4 Any claim by the Buyer regarding the conformity of products supplied, according to the Buyer’s specifications shall, in order to be admitted and to allow the application of the following provisions, be carried out in accordance with the instructions given by the Seller contained in documents accompanying the products supplied or within 30 days after the delivery date (whichever is the earlier). 2.5 If the Buyer estimates, after testing the products delivered, that a batch of products delivered is not totally or partially in conformity with technical specifications as defined in Clause 2.2, he shall inform the Seller by facsimile not later than 30 days after the delivery date. After such 30 days period is expired, all products shall be deemed accepted; except with the agreement of the Seller, the Buyer shall not return the whole or partial batch of non-accepted products. 2.6 Notwithstanding any past dealings of any nature whatsoever between the Seller and the Buyer, the Seller does not at any time bind itself to deliver products of any particular specification unless the Buyer has at the time of placing an order, stated precisely what specifications are required of the products, and the Seller has subsequently confirmed in writing that it will supply products with such specifications. In the absence of such confirmation, the Seller binds itself only to deliver products in accordance with the general description under which they were agreed to be sold. 2.7 Notwithstanding any past dealings of any nature whatsoever between the Seller and the Buyer, the 4.4 The Seller reserves the right to alter, change, modify or in make any way vary the specifications of any products at any time, so as to conform materially with the description of the products set out in an order, without giving the Buyer any prior notice of the same. 2.8 No warranty, representation or conditional description, as to the state, quality, suitability or fitness of any products is given by the Seller nor is any warranty, representation or conditional description given or be implied by anything said or written in any negotiations between the Seller and the Buyer or their respective representatives, whether from any past dealings between the Seller and the Buyer or otherwise, and any statutory or other warranty, condition, representation or description express or implied as to the state, quality, suitability or fitness of the products is hereby excluded. The Seller binds itself only to deliver products in accordance with the general description under which they were agreed to be sold. 2.9 The Seller may from time to time make changes in the specifications specification of the products, Goods which are required to comply conform with any applicable safety or other statutory requirementsor regulatory requirements or, or so long as such changes where the Goods are to be supplied to the Buyer’s specification, which do not materially affect the their quality or fitness for purpose performance. 4.5 No order which has been accepted by the Seller may be cancelled by the Buyer any factor beyond the control of the productsSeller (including, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which are requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions. 5.3 Except as otherwise stated under the terms of any quotation of the Seller, and unless otherwise agreed in writing between the Buyer and the Seller, all prices are exclusive of the Seller’s charges for packaging and transport. 5.4 The price is exclusive of any applicable value added tax, excise, sales taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods, which the Buyer shall be additionally liable to pay to the Seller.

Appears in 1 contract

Samples: Sales Contracts

ORDERS AND SPECIFICATIONS. 2.1 All orders 3.1 No Order submitted by the Buyer shall be deemed to purchase based on be accepted by the Seller unless and until confirmed by the Seller’s quotation and specifications are subject authorised representative. In the case of products ordered through the Website, the Buyer’s order is an offer to buy from the final acceptance by the Seller and all terms herein are incorporated. 2.2 When Seller. There will be no particular technical specifications are given by contract of any kind between the Buyer and the order is Seller for orders through the Website until the Seller actually dispatches the Goods to the Buyer. At any point up until then, the Seller may decline to supply the goods to the Buyer without giving any reason. At the moment that the Goods are dispatched, a contract will be made between the Buyer and the Seller. 3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any Order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms. 3.3 The quantity, quality and description of the Goods and any specification for them shall be as set out in the Buyer’s Order (if accepted by the Seller, ). 3.4 Any minimum order quantities per line item shall be specified by the specifications Seller at the time of the products sold shall be those set out in the Seller’s quotationOrder. 2.3 3.5 The Seller reserves the right to impose minimum order quantities per line item or minimum order values per order. 3.6 If the products Goods are to be manufactured manufactured, supplied or any process is to be applied to the products Goods by the Seller in accordance with a specification submitted by the Buyer’s specifications, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with with, or paid or agreed to be paid by the Seller in settlement of, any claim for infringement of any patent, copyright, design, trade mark trademark or other industrial or intellectual property rights of any other person which results from the Seller’s use of the Buyer’s specificationsspecification. 2.4 Any claim by the Buyer regarding the conformity of products supplied, according to the Buyer’s specifications shall, in order to be admitted and to allow the application of the following provisions, be carried out in accordance with the instructions given by the Seller contained in documents accompanying the products supplied or within 30 days after the delivery date (whichever is the earlier). 2.5 If the Buyer estimates, after testing the products delivered, that a batch of products delivered is not totally or partially in conformity with technical specifications as defined in Clause 2.2, he shall inform the Seller by facsimile not later than 30 days after the delivery date. After such 30 days period is expired, all products shall be deemed accepted; except with the agreement of the Seller, the Buyer shall not return the whole or partial batch of non-accepted products. 2.6 Notwithstanding any past dealings of any nature whatsoever between the Seller and the Buyer, the Seller does not at any time bind itself to deliver products of any particular specification unless the Buyer has at the time of placing an order, stated precisely what specifications are required of the products, and the Seller has subsequently confirmed in writing that it will supply products with such specifications. In the absence of such confirmation, the Seller binds itself only to deliver products in accordance with the general description under which they were agreed to be sold. 2.7 Notwithstanding any past dealings of any nature whatsoever between the Seller and the Buyer, the 3.7 The Seller reserves the right to alter, change, modify or in make any way vary the specifications of any products at any time, so as to conform materially with the description of the products set out in an order, without giving the Buyer any prior notice of the same. 2.8 No warranty, representation or conditional description, as to the state, quality, suitability or fitness of any products is given by the Seller nor is any warranty, representation or conditional description given or be implied by anything said or written in any negotiations between the Seller and the Buyer or their respective representatives, whether from any past dealings between the Seller and the Buyer or otherwise, and any statutory or other warranty, condition, representation or description express or implied as to the state, quality, suitability or fitness of the products is hereby excluded. The Seller binds itself only to deliver products in accordance with the general description under which they were agreed to be sold. 2.9 The Seller may from time to time make changes in the specifications specification of the products, Goods which are required to comply conform with any applicable safety statutory or statutory requirementsEU requirements or, or so long as such changes which do not materially affect the their quality or fitness for purpose performance. 3.8 No Order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the productsSeller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation. Save that if the Buyer is a consumer (i.e. not a business, sole trader, partnership, company or other incorporated or unincorporated organisation) then the remainder of this clause 3.8 will apply and the Buyer may cancel or change any of his/her current orders prior to dispatch by contacting the Seller at info@anglia‐xxxx.xxx. If the Buyer is a consumer then the Buyer may cancel the contract for its purchase of the Goods by contacting the Seller at info@anglia‐xxxx.xxx within seven working days of delivery of the Goods. If the Buyer is a consumer then the Buyer should keep all the original packaging and return the Goods to the Seller in secure packaging to Anglia Components Limited, Xxxxxxx Road, Wisbech, Cambs PE13 2PS. The Buyer will be responsible for the cost of returning the Goods to the Seller unless the Seller has delivered the item to the Buyer in error. The Goods should be returned to the Seller in their original condition. If the Seller does not receive the Goods back then the Seller may arrange for collection of the Goods at the Buyer’s cost. When the Seller receives notice of cancellation of the Buyer’s contract for the Goods and receives the Goods, the Seller will refund the price paid by the Buyer for the Goods subject to the Buyer being a consumer. The Seller will not refund the delivery charge for sending the Goods to the Buyer unless the Buyer is returning an entire order. The Buyer (being a consumer) must contact info@anglia‐xxxx.xxx to obtain a returns authorisation number which needs to be shown visibly on the return packaging and the Buyer must return the Goods in their original condition with all original packaging and documentation to obtain a full refund. Any items that have been specifically ordered in for the Buyer or that have been modified or adapted for the Buyer or are manufactured for the Buyer as a special order item cannot be cancelled or returned by the Buyer.

Appears in 1 contract

Samples: Terms of Use

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ORDERS AND SPECIFICATIONS. 2.1 All orders offers or quotations by the Buyer Seller in respect of its products are made without obligation and subject to prior sale unless expressly agreed otherwise. 2.2 Purchase orders constitute an offer by the Purchaser to purchase based on products in accordance with these terms and conditions and are accepted only when the Seller issues a written order confirmation or invoice in respect of the same. 2.3 Any order of the Seller’s quotation products by the Purchaser implies full acceptance of these terms and specifications are subject conditions of sale, which prevail over all other terms and conditions. 2.4 The Purchaser shall be responsible to the final acceptance Seller for ensuring the accuracy of any orders submitted by the Seller and all terms herein are incorporatedPurchaser. 2.2 When no particular technical specifications are given 2.5 The Purchaser may only return products to the Seller at the Purchaser’s expense if the Purchaser returns the products within thirty (30) days from the date of delivery under clause 5.1, subject to: 2.5.1. obtaining prior written agreement from the Seller; and 2.5.2. payment of forty percent (40%) of the list price of the returned products. 2.6 Any claim by the Buyer Purchaser which is based on any defect in the quality or condition of the products or their failure to correspond with specification shall (whether or not delivery is refused by the Purchaser) be notified to the Seller within 7 days from the date of delivery or, where the defect or failure was not apparent on reasonable inspection, within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the order is accepted by Purchaser does not so notify the Seller, the specifications Purchaser shall not be entitled to reject the products and the Seller shall have no liability for such defect or failure, and the Purchaser shall be bound to pay the price due as if the products have been delivered for all purposes in accordance with the relevant contract. 2.7 Where any valid claim in respect of any of the products sold shall be those set out which is based on any defect in the Seller’s quotation. 2.3 If quality or condition of the products are or their failure to be manufactured or any process meet specification is notified to be applied to the products by the Seller in accordance with the Buyer’s specificationsthese terms and conditions, the Buyer Seller shall indemnify be entitled to replace the Seller against all lossproducts (or the part in question) free of charge or, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from at the Seller’s use of the Buyer’s specifications. 2.4 Any claim by the Buyer regarding the conformity of products suppliedsole discretion, according refund to the Buyer’s specifications shall, in order to be admitted and to allow Purchaser the application of the following provisions, be carried out in accordance with the instructions given by the Seller contained in documents accompanying the products supplied or within 30 days after the delivery date (whichever is the earlier). 2.5 If the Buyer estimates, after testing the products delivered, that a batch of products delivered is not totally or partially in conformity with technical specifications as defined in Clause 2.2, he shall inform the Seller by facsimile not later than 30 days after the delivery date. After such 30 days period is expired, all products shall be deemed accepted; except with the agreement of the Seller, the Buyer shall not return the whole or partial batch of non-accepted products. 2.6 Notwithstanding any past dealings of any nature whatsoever between the Seller and the Buyer, the Seller does not at any time bind itself to deliver products of any particular specification unless the Buyer has at the time of placing an order, stated precisely what specifications are required of the products, and the Seller has subsequently confirmed in writing that it will supply products with such specifications. In the absence of such confirmation, the Seller binds itself only to deliver products in accordance with the general description under which they were agreed to be sold. 2.7 Notwithstanding any past dealings of any nature whatsoever between the Seller and the Buyer, the Seller reserves the right to alter, change, modify or in any way vary the specifications of any products at any time, so as to conform materially with the description price of the products set out in an order, without giving the Buyer any prior notice (or a proportionate part of the same. 2.8 No warrantyprice), representation or conditional description, as but the Seller shall have no further liability to the statePurchaser, quality, suitability except in respect of death or fitness of any products is given personal injury caused by the Seller nor is any warranty, representation or conditional description given or be implied by anything said or written in any negotiations between the Seller and the Buyer or their respective representatives, whether from any past dealings between the Seller and the Buyer or otherwise, and any statutory or other warranty, condition, representation or description express or implied as to the state, quality, suitability or fitness of the products is hereby excluded. The Seller binds itself only to deliver products in accordance with the general description under which they were agreed to be soldSeller’s negligence. 2.9 The Seller may from time to time make changes in the specifications of the products, which are required to comply with any applicable safety or statutory requirements, or so long as such changes do not materially affect the quality or fitness for purpose of the products.

Appears in 1 contract

Samples: Terms and Conditions of Sale

ORDERS AND SPECIFICATIONS. 2.1 All orders by 4.1 The Seller reserves the Buyer right to purchase based on make any changes in the Seller’s quotation and specifications specification of the Goods for whatever reason or, where the Goods are subject to be supplies to the final acceptance by the Seller and all terms herein are incorporatedCustomer's specification, which do not materially affect their quality or performance. 2.2 When no particular technical specifications are given by 4.2 If any material is to be reproduced in whole or in part or if the Buyer and the order is accepted by the Seller, the specifications of the products sold shall be those set out in the Seller’s quotation. 2.3 If the products Goods are to be manufactured or any process is to be applied to the products Goods by the Seller in accordance with the Buyer’s specificationsCustomer's specification, no responsibility or liability for the Buyer infringement of any copyright, patent, design, trademark or other industrial or intellectual property rights will rest with Clarity VM Ltd, its shareholders, employees or agents. It is the responsibility of the Customer to ensure that no infringement of any such copyright patent, design trademark or other industrial or intellectual property rights takes place and the Customer shall indemnify the Seller Clarity VM Ltd against all loss, damages, costs and expenses awarded incurred in connection with any claim for such infringement. 4.3 No order which has been accepted by the Seller may be cancelled by the Customer except with the agreement in writing of the Seller and on terms that the Customer shall indemnify the seller in full against or all loss, costs, damages, charges and expenses incurred by the Seller as a result of cancellation. 4.4 The Seller shall not be responsible in any way for the suitability of the Goods for any particular usage, process or application, unless specifically stated in writing by the Seller. Descriptions, photographs, illustrations and specifications provided by the Seller are for guidance only and shall not be binding on the Seller or form part of the contract. 4.5 It is the responsibility of the Customer to ensure that any usage or application of the Goods does not infringe any safety or other laws or regulations. The Customer shall indemnify the Seller against any loss, damages, costs and expenses incurred in connection with or paid or agreed any claim for infringement. 4.6 The Seller reserves the right to be paid by the Seller in settlement of withdraw any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results item from sale without prior notice and for whatever reason. 4.7 Files for printing must follow the Seller’s use of the Buyer’s artwork specifications. 2.4 Any claim by the Buyer regarding the conformity of products supplied, according to the Buyer’s specifications shall, in order to be admitted and to allow the application of the following provisions, be carried out in accordance with the instructions given by the Seller contained in documents accompanying the products supplied . If any alterations or within 30 days after the delivery date (whichever is the earlier). 2.5 If the Buyer estimates, after testing the products delivered, that a batch of products delivered is not totally or partially in conformity with technical specifications as defined in Clause 2.2, he shall inform the Seller by facsimile not later than 30 days after the delivery date. After such 30 days period is expired, all products shall be deemed accepted; except with the agreement of the Seller, the Buyer shall not return the whole or partial batch of non-accepted products. 2.6 Notwithstanding any past dealings of any nature whatsoever between the Seller and the Buyer, the Seller does not at any time bind itself to deliver products of any particular specification unless the Buyer has at the time of placing an order, stated precisely what specifications amendments are required of the products, and the Seller has subsequently confirmed in writing that it will supply products with such specifications. In the absence of such confirmation, the Seller binds itself only to deliver products in accordance with the general description under which they were agreed to be sold. 2.7 Notwithstanding any past dealings of any nature whatsoever between the Seller and the Buyer, the Seller reserves the right to alter, change, modify charge for artwork at its standard rate for any works carried out. Any technical queries must be raised by the Customer before work is commenced by the Seller. 4.8 The copyright of all design and intellectual property created by The Seller or its agents belong to Clarity VM Ltd and may not be reproduced or used in any way vary manner whatsoever without the specifications express written permission of The Seller. 4.9 Proofs of all work may be submitted for customer’s approval and the Seller shall incur no liability for any products errors not corrected by the Customer in proofs so submitted. Customer’s alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to the Seller’s judgement, changes there from made by the Customer will be charged extra. 4.10 Should work be suspended at the request of or delayed through any time, so as to conform materially with the description default of the products set out in an orderCustomer for a period of 30 days the Seller shall then be entitled to payment for work already carried out, without giving the Buyer any prior notice of the samematerials specially ordered and other additional costs including storage. 2.8 No warranty, representation or conditional description, as to the state, quality, suitability or fitness of any products is given by the Seller nor is any warranty, representation or conditional description given or 4.11 Every endeavour will be implied by anything said or written in any negotiations between the Seller and the Buyer or their respective representatives, whether from any past dealings between the Seller and the Buyer or otherwise, and any statutory or other warranty, condition, representation or description express or implied as to the state, quality, suitability or fitness of the products is hereby excluded. The Seller binds itself only made to deliver products in accordance with the general description under which they were agreed correct quantity ordered but estimates are conditional upon margins of 5 per cent for all printed work being allowed for overs or shortage, the same to be solddeducted or charged accordingly. 2.9 The Seller may from time to time make changes in the specifications of the products, which are required to comply with any applicable safety or statutory requirements, or so long as such changes do not materially affect the quality or fitness for purpose of the products.

Appears in 1 contract

Samples: Terms and Conditions of Sale

ORDERS AND SPECIFICATIONS. 2.1 All orders 3.1 The Goods are described in the Buyer’s Order. 3.2 A M HORSEBOXES LTD reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements. 3.3 The order submitted by the Buyer shall be deemed to purchase based on the Seller’s quotation and specifications are subject to the final acceptance be accepted by the Seller upon confirming verbally or via writing to the build specification and all terms herein are incorporatedupon receipt of the build slot deposit. The sale is on the premises of A M HORSEBOXES or verbally with the Buyer accepting the build slot deposit to bind a contract for a bespoke manufactured horsebox. 2.2 When no particular technical specifications are given 3.4 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer Buyer, and for giving the order is accepted by Seller any necessary information relating to the SellerGoods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms. 3.5 The quantity, the specifications quality and description of the products sold Goods and any specification for them shall be those as set out in the Seller’s quotation' s quotation (if accepted by the Buyer) or the Buyer' s order (if accepted by the Seller). 2.3 3.6 If the products Goods are to be manufactured or any process is to be applied to the products by the Seller in accordance with the Buyer’s specifications, the Buyer shall indemnify the Seller against all loss, damagesdamage, costs and expenses awarded against or incurred by the Seller in connection with with, or paid or agreed to be paid by the Seller in settlement of, any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from in the Seller’s use of the Buyer’s specificationsspecification. 2.4 Any claim by the Buyer regarding the conformity of products supplied, according to the Buyer’s specifications shall, in order to be admitted and to allow the application of the following provisions, be carried out in accordance with the instructions given by the Seller contained in documents accompanying the products supplied or within 30 days after the delivery date (whichever is the earlier). 2.5 If the Buyer estimates, after testing the products delivered, that a batch of products delivered is not totally or partially in conformity with technical specifications as defined in Clause 2.2, he shall inform the Seller by facsimile not later than 30 days after the delivery date. After such 30 days period is expired, all products shall be deemed accepted; except with the agreement of the Seller, the Buyer shall not return the whole or partial batch of non-accepted products. 2.6 Notwithstanding any past dealings of any nature whatsoever between the Seller and the Buyer, the Seller does not at any time bind itself to deliver products of any particular specification unless the Buyer has at the time of placing an order, stated precisely what specifications are required of the products, and the Seller has subsequently confirmed in writing that it will supply products with such specifications. In the absence of such confirmation, the Seller binds itself only to deliver products in accordance with the general description under which they were agreed to be sold. 2.7 Notwithstanding any past dealings of any nature whatsoever between the Seller and the Buyer, the 3.7 The Seller reserves the right to alter, change, modify or in make any way vary the specifications of any products at any time, so as to conform materially with the description of the products set out in an order, without giving the Buyer any prior notice of the same. 2.8 No warranty, representation or conditional description, as to the state, quality, suitability or fitness of any products is given by the Seller nor is any warranty, representation or conditional description given or be implied by anything said or written in any negotiations between the Seller and the Buyer or their respective representatives, whether from any past dealings between the Seller and the Buyer or otherwise, and any statutory or other warranty, condition, representation or description express or implied as to the state, quality, suitability or fitness of the products is hereby excluded. The Seller binds itself only to deliver products in accordance with the general description under which they were agreed to be sold. 2.9 The Seller may from time to time make changes in the specifications specification of the products, Goods which are required to comply conform with any applicable safety statutory or statutory requirementsE.U. requirements or, or so long as such changes where the Goods are to be supplied to the Seller' s specification, which do not materially affect the their quality or fitness for purpose performance. 3.8 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the productsSeller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.

Appears in 1 contract

Samples: Terms and Conditions of Sale

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